Oceanside, CA - Police
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Bicycles
- Bicycles are the most common items submitted as “Found Property.” Unfortunately, very few bicycles are matched to or can be released to owners because they cannot adequately prove ownership of the bicycle. The following practices can improve your ability to recover a stolen or missing bicycle:
- Record the serial number of your bicycle and retain it in a place where you can find it
- Etch an identifying number such as your driver license number or other number on an obscure portion of the frame separate from the serial number
- Place a unique sticker or other identifier visible on the frame
- Retain a photograph of you and your bicycle documenting these unique additions
- Bicycles submitted as “evidence” will be released to the rightful owner or their designee with proper authorization and valid photo identification.
- All other bicycles held for safekeeping or found can be returned with photo identification and proof of ownership.
- Unclaimed found bicycles submitted by a person can be claimed after 90 days by contacting the Evidence and Property Unit at (760) 435-4560 for information.
- Bicycles are the most common items submitted as “Found Property.” Unfortunately, very few bicycles are matched to or can be released to owners because they cannot adequately prove ownership of the bicycle. The following practices can improve your ability to recover a stolen or missing bicycle:
- You can lessen the chances of your bicycle being stolen by:
- Leaving your garage door closed and locked at home
- Parking your bicycle in an area that is open to public view
- Locking your bicycle to a heavy duty bicycle rack or sturdy object
- Using a high quality locking device.
- Heavy duty cables and locks will deter many thieves, but cables are often cut by suspects that use bolt cutters.
- A hardened steel U-lock may be more effective against suspects using these types of tools.
- You can lessen the chances of your bicycle being stolen by:
- The location of the serial number on the bicycle will be different depending on the manufacturer. Some of the common places to find your serial number are:
- On the head tube (where the handlebars are inserted)
- Across the top bar of the frame
- On the seat tube (where the seat is inserted)
- On the lower bar
- Under the crank housing (where the pedals connect)
- On one the rear forks (on the vertical tube)
- On one of the rear stays (on the horizontal tube where the rear wheel axle is mounted)
- The location of the serial number on the bicycle will be different depending on the manufacturer. Some of the common places to find your serial number are:
Court Orders
- California Penal Code 1536 requires that you obtain a court order to recover property that has been confiscated as a result of a search warrant.
- By law, the Oceanside Police Department is allowed 10 days to return property upon receipt of a court order.
- This allows the investigating officer to receive notification of the court order and to determine if the property must be retained for the investigation.
- The investigator may contact the court and notify a judge why the property should remain in the custody of Oceanside Police Department.
- The judge will make a determination whether the property should be returned or remain in police custody.
- The length of time the property remains in police custody varies upon the circumstances surrounding its seizure.
Evidence & Property
Contact the Evidence and Property Unit at (760) 435-4560.
- Provide your name, a case number, or other information to allow us to find the property
- Verify that the property may be released
- Determine if it is held as evidence in a case (if held as evidence, you will require release approval from the detective or the court)
Bring government photo identification to the Evidence and Property Facility. Accepted identification includes:
- Driver license
- State identification card
- Military identification
- Passport
Bring any documentation that may verify that you own the property (if ownership is at question). This may include:
- An Oceanside Police Department property receipt
- A court order
- An order for release by an investigator
- A verifiable sales receipt with serial numbers
- The police report number of the incident that documents your property
- A notarized letter authorizing the release of property to you by the owner, if they are unable to appear to recover the property personally
- A request letter to release property to an employee if on institutional letterhead with an official witness
- Other documentation that may show that you own the property in police custody
For security purposes, a limited number of police employees have access to the evidence and property held by the police department. These employees work during business hours Monday through Thursday.
The process to recover property held by the Police Department will depend on the type of property you want to recover. The release of certain property is dictated by the laws of the State of California. Some of the different types of property are:
- Property that is found
- Property seized in a search warrant
- Property held as evidence
- Money
- Firearms and other weapons
- Property held for safekeeping
- Property taken from prisoner
Money
What happens to the money that I lost or that was stolen from me and is being held by the police department?
- Money may be held by the police department:
- As evidence
- As safekeeping
- As found
- As prisoner property
- The police department generally does not retain any currency in its evidence facility. The police department deposits the currency with the Financial Services Department.
- Money held as evidence in a criminal case will not be released without a court order, with authorization by the investigating officer or by the City Prosecutor.
- Money being held for safekeeping will be released to the owner upon proof of ownership or with a notarized letter from the owner authorizing the release to another person with identification.
- Money from an inmate’s property in excess of $499.00 will be entered in evidence. The court lockup will not allow inmates to have money in excess of $499.00.
- Any unclaimed money after 90 days that is not related to an active case may automatically be forfeited to the General Fund at the City of Oceanside City Clerk’s Office.
- Money may be held by the police department:
How do I recover the money that I lost or that was stolen from me and is being held by the police department?
- Contact the Evidence and Property Unit at (760) 435-4560 to determine if the money may be returned at this time.
- Contact the Investigations Division at (760) 435-4580 to obtain approval for the release of the money if directed by the Evidence and Property Unit. This will be necessary when the money is evidence in certain types of crimes.
- Note that in some circumstances, the Evidence and Property Unit may approve the release of the money.
- Upon approval to release the money, the Evidence and Property Unit will submit a payment request to the Financial Services Department to pay you.
- This process takes approximately three to six weeks.
- Checks are approved and issued twice each month at City Council meetings.
- All checks are mailed by the City of Oceanside. No checks will be released in person.
Online Reporting System
If your incident is an emergency, call 9-1-1. If non-emergency call 760-435-4900.
No, If a crime took place outside of the City of Oceanside please call the police department for that city.
If this took place on SR78 or I-5, please call the Highway Patrol Office nearest you. chp.ca.gov
A known suspect is when you or someone else knows the person or where to find the person who committed the crime or the license plate number of the vehicle the suspect(s) were in.
Police Complaints
A Personnel Complaint is any allegation against an individual member(s) of the Department concerning conduct or performance that, if true, would constitute a violation of City or Department policy, federal, state, or local law, policy, or rule.
Inquiries about conduct or performance that, if true, would not violate department policy or federal, state, or local law, policy, or rule shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures, or the response to specific incidents by the Department.
Civilian-generated personnel complaints are resolved through a process called an Administrative Investigation. Typically, the Oceanside Police Department's Professional Standards Unit is responsible for completing all Administrative Investigations. Administrative Investigations include gathering facts and evidence, interviewing witnesses, and interviewing the accused member. Accused members are afforded procedural rights pursuant to Government Code 3300-3313. At the conclusion of this process, the accused member's Division Captain will determine the finding of the Administrative Investigation, and the Assistant Chief of Police is responsible for imposing discipline (if applicable).
Personnel Complaints can be submitted in person, over the phone, by mail, or online (https://oceansideca.seamlessdocs.com/f/OPDComplaint). Complaint forms are located at the Front Desk of the Oceanside Police Department and can be submitted to Staff or mailed in at a later date. Although written complaints are preferred, if you wish to file a complaint in person or over the phone, you can come to the Oceanside Police Department (3855 Mission Avenue, Oceanside, CA 92058) and ask to speak to an on-duty supervisor or call the on-duty Watch Commander at (760) 435-4980.
However, pursuant to Penal Code 148.6, complainants are advised prior to filing a Personnel Complaint that, “IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE. IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE, YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE.”
Civilians who do not wish to file a personnel complaint, but wish to speak to a supervisor about a member's conduct, can contact the on-duty Watch Commander at (760) 435-4980.The length of an Administrative Investigation varies based on the complexity of the investigation and the capacity of the Professional Standards Unit. Absent legal exceptions, all Administrative Investigations must be completed within one year from the date the Department was made aware of the misconduct allegations (Gov. Code 3304). All Civilian Complaints are also independently reviewed by the City of Oceanside's Standing Oversight Committee. This process adds time to the final resolution of the complaint. If you have questions about the status of your complaint, please contact the Professional Standards Unit at (760) 435-4455 or by email at PSU@oceansideca.org.
Upon completion of an Administrative Investigation, the accused member’s Division Captain, or authorized designee, will review the entire case and determine a disposition for each allegation.
Each allegation shall be classified with one of the following dispositions:
Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve department members. Complaints that are determined to be frivolous will fall within the classification of unfounded (Penal Code § 832.8).
Exonerated - When the investigation discloses that the alleged act occurred but that the act was justified, lawful, and/or proper.
Not sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the member.
Sustained - A final determination by an investigating agency, commission, board, hearing officer, or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal pursuant to Government Code § 3304 and Government Code § 3304.5 that the actions of an officer were found to violate law or department policy (Penal Code § 832.8).
Sustained findings during an Administrative Investigation may result in disciplinary action, which is imposed by the Assistant Chief of Police, or authorized designee. Disciplinary action may include dismissal, demotion, suspension, reductions in salary, written reprimand, or transfer for purposes of punishment.
Pursuant to Penal Code § 832.5, all Personnel Complaints and any reports relating to these complaints shall be retained for a period of no less than 5 years for records where there was not a sustained finding of misconduct and for not less than 15 years where there was a sustained finding of misconduct.
Pursuant to Penal Code 832.7(f), the complainant will be notified of the final disposition of the complaint (Unfounded, Exonerated, Not Sustained, or Sustained) within 30 days of the finding. As a reminder, all Civilian-generated Personnel Complaints are independently reviewed by the City of Oceanside’s Standing Oversight Committee.
Based on the fact that Personnel Files are confidential by law, complainants will not be given access to the contents of the Administrative Investigation or disciplinary action taken (if applicable). However, civilian-generated Personnel Complaints where there were Sustained findings for unreasonable/excessive force, failure to intervene during unreasonable/excessive force, sexual assault, dishonesty, discrimination, and/or unlawful search or arrest are considered Public Records and are available for public inspection.
Police General
A request for a copy of a police report can be made in person or by mail. A case number or the date, time and location of the incident is required to complete a request. Photo identification on specific request maybe required. If coming into the Police Department please fill out the Report Request form located on the counter in the lobby. When you have completed the form, proceed to the Records Section window located in main lobby. If you are submitting your request by mail please send the request to: Oceanside Police Department, Attention: Records, 3855 Mission Avenue, Oceanside, CA 92058. A $5.50 processing fee per report is required. All reports are processed within 10 days of the date of request and returned via mail.911 recordings, Calls for Service, and specific CAD incidents can also be requested. All items requested are subject to release in accordance with the California Public Records Act. You may contact Records at 760-435-4944 for further information.
Online reporting is available 24hrs a day at the Oceanside Police Dept. website.
You can contact the Investigations Administrative Assistant at (760) 435-4580 to check on the status of the reported case or ask to speak to an Investigations Supervisor.
If the vehicle was impounded as part of a criminal investigation, it can be held while the investigation is in progress. The department will be responsible for any storage fees after the first five business days. In most cases the vehicle are held for only a few days.
If the vehicle was impounded for another reason, the easiest way to get your vehicle out of impound is to correct the “situation” that created the need for towing the vehicle. For the most common reasons for vehicle impounds this would require the driver at the time of the impound to obtain a valid driver’s license, or the vehicle’s owner to obtain current registration for the vehicle, or the vehicle’s owner to pay off the outstanding parking tickets. Whatever the reason, once you have corrected the situation, the vehicle can be released. If the vehicle was impound due to a driver’s license issue that cannot be corrected, the vehicle will still be released after thirty (30) days.
When you come to the police department to obtain a release for a vehicle, the vehicle’s registered owner must be present. The registered owner will need to have their driver’s license with them. If they do not have one, then they will need to bring a licensed driver with them. Remember, if you live or work in California, the driver’s license must be issued by this state (active military is exempt).You will have to pay the “Vehicle Release Fee” to our Records Unit. Depending upon the reason for the impound, the fee varies between $100.00 and $165.00 for impounded vehicles. Once that fee is paid, you will have to pay the tow company for the towing and storage of your vehicle. Upon the payment of that bill, your vehicle will be released.
The towing or storage fees paid to the tow companies will vary depending on the time it took to tow your vehicle, if any special equipment was needed, and how long the vehicle was in storage. The minimum tow and storage fees are based by the cost of doing business for the individual tow company. These fees are approved by the Oceanside office of the California Highway Patrol. The tow fees currently vary from $180.00 to $210.00, while the daily storage fees vary from $38.00 to $45.00.
The Records Section accepts requests for “Local record checks” for Oceanside residents or former Oceanside residents. Proof of residency and valid photo identification must be presented. Requests are fulfilled within five business days. The fee is $10.00 per request. To request a State of California Records Checks you may access the Attorney Generals website.
Live Scan fingerprinting is electronic fingerprints used to obtain a background check on an individual. The service is available by appointment Monday – Friday 8:30 a.m. to 4:00 p.m. You must obtain your own paper work through your employer. If you are interested in obtaining a background check for yourself not for your employer, a form can be obtained by going to oag.ca.gov/fingerprints/record-review.
Restraining orders are issued by a judge and can be obtained at the Vista Superior Court. More Information
Current employment opportunities at the Police Department are posted on the City of Oceanside Website.
Sign offs are available at the front desk of Oceanside Police during business hours (Monday –Friday 8am to 5pm).
A person is charged for a false alarm when police do not find any evidence of an unauthorized attempt to enter upon the alarm user’s home or place of business.
The fee schedule is based on the number of false alarms that a person or business activates during any 365 day period.
Oceanside Police will take your used unwanted ammunition at the front desk anytime between 8am and 5pm Monday thru Friday.
All alarm systems installed in the City of Oceanside must be registered with the Police Department. Information booklets and registration forms are available at the public counter. There is no fee.
For statistics broken down by neighborhood visit main police page, and click “crime statistics in your neighborhood” button. For more specific crime statistics such as crime around a specific address visit crimemapping.com.
For more information about this program please visit the Neighborhood Watch page on Police website.
How can I file a complaint against an Officer or member of the police department? What is the process once the complaint is filed?
Please submit the complaint form on the Commendations and Complaints page. The Chief will review the complaint and assign the complaint for investigation if appropriate under the circumstances. The citizen will be notified by mail of our receipt and assignment of the complaint. With this letter, the citizen will also be given a copy of the complaint received by the Chief’s Office. The citizen will likely be interviewed during the investigation into the complaint. Once the investigation is complete, the citizen will receive a letter from the Chief advising them that the investigation has been completed. While our police department takes complaints very seriously, revealing the discipline issued to the officers as a result of the complaint is not permissible by law.
Please call 760-435-4900.
Police Recruitment
The forms to participate are kept at the front counter of the Police Department. A form may be picked up and completed during normal business hours of 0800 – 1700 hours, Monday through Friday. A criminal history check is completed on all applicants.
You may go to the Peace Officers Standards and Training (POST) Web site.
The California Commission on Peace Officer Standards and Training (POST) is responsible for regulating and certifying all law enforcement agencies in the state.
The Commission's goal is to concentrate its services on the three ingredients believed to be most critical to effective law enforcement:
- Meeting the statewide need for consistent peace officer selection standards by developing and updating job-related selection standards.
- Assuring that California peace officers have access to appropriate training to acquire the skills, knowledge, attitudes and behaviors which are consistent with the requirements and expectations of professional competence associated with the job at each career and experience stage.
- Fostering and facilitating healthy and productive organizational environments in which officers work by providing a system of leadership development programs and offering management counseling services.
Commission
The Commission on POST is a state agency that was formally established in 1959. It consists of 14 members, 13 of whom are appointed by the Governor with the advice and consent of the Senate, for three-year overlapping terms. Commissioners are selected to provide a balanced group of city and county administrators, law enforcement professionals, educators, and public members. The State Attorney General is a Commissioner by law.
The POST Advisory Committee is the Commission's "sounding board" and provides input on many of the Commission's complex issues. The Advisory Committee represents the major associations and organizations within California's law enforcement community. Educators and public members also serve on the Committee.
The POST Commission establishes minimum selection and training standards, provides counseling on improving management practices, and provides financial assistance to agencies to support the training of their peace officers, dispatchers and paraprofessional employees. Other major responsibilities include:
- administering a professional certificate program for peace officers, reserves and dispatchers;
- incorporating instructional technology in training;
- conducting feasibility studies regarding peace officer status; and implementing statutory mandates as required.
Examples of applicants subject to automatic disqualification include:
- Any person who has been convicted of a felony.
- Any person who has been convicted of any offense in any other jurisdiction that would have been a felony if committed in California.
- Any person who, after January 1, 2004, has been convicted of a crime based upon a verdict, or finding of guilt of a felony by the Trier of fact, or upon the entry of a plea of guilty or nolo contendere to a felony. This paragraph shall apply regardless of whether, pursuant to subdivision (b) of Section 17 of the Penal Code, the court declares the offense to be a misdemeanor or the offense becomes a misdemeanor by operation of law.
- Any person who has been charged with a felony and adjudged by a superior court to be mentally incompetent.
- Any person who has been found not guilty by reason of insanity of any felony.
- Any person who has been determined to be a mentally disordered sex offender.
- Any person adjudged addicted or in danger of becoming addicted to narcotics, convicted, and committed to a state institution.
- Any person who has been convicted of a domestic violence offense or associated crime that legally prohibits them from owning, carrying, or possessing a firearm for ten years.
What qualities and characteristics does the Oceanside Police Department look for in applicants for positions as police officer, dispatcher or other positions within the Police Department?
The Police Department follows POST guidelines of the ten job dimensions:
- Integrity
- Impulse Control/Attention to Safety
- Risk-taking Behavior/Substance Abuse
- Stress Tolerance
- Confronting and Overcoming Problems, Obstacles & Adversity
- Conscientiousness
- Interpersonal Skills
- Decision-making and Judgment
- Learning Ability
- Communications Skills
I have applied for a position at the Police Department. What should I wear to interviews, appointments and testing?
Unless notified otherwise, business attire is strongly recommended throughout the hiring process. Jeans, sandals, T-shirts and similar attire are not appropriate for an employment process setting.
All Oceanside Police Department applicants, regardless of position, will go through a thorough background investigation. Successful completion of the background process is required for all Police Department positions.
The background process for all Police Department positions will include:
- Submission of a Personal History Statement (PHS). A copy of this may be found on the POST Web site as mentioned above.
- Authorization to run a credit check
- Authorization to release information for employers, landlords, and references
- Pre-background Interview to review your PHS and determine your suitability to continue in the process
- Polygraph Examination
- Pre-placement Testing
- Livescan (Fingerprints) and Complete Criminal History Check
- Photograph
- Background Investigation
- Hiring Authority Interview
- Job Offer
- Medical Examination
- Drug Screening
- Psychological Examination
- Meeting with Psychologist
- New Recruit Orientation
- Police Academy
- Graduation
- Swearing In
- Field Training
- Pass Probation
What kinds of education and experience should I consider before applying to become a police officer with the City of Oceanside?
- Education: While a high school diploma or GED certificate is the minimum educational requirement, we place a high value on those who have completed or are working on completion of their college education.
- Work Experience: “The best predictor of future behavior is past performance.” A person who has demonstrated their ability to be a dependable and reliable employee is just as important as education. Positive job references from a reputable employer are extremely important. Any consistent employment is helpful; however, jobs that emphasize public contact, interpersonal communications, dependability and responsibility are the most important. Internships and volunteering in the community is judged in the same category as work experience and also demonstrates commitment to the community.
- Make an ongoing effort to learn about law enforcement. Many agencies have part-time positions to increase that exposure and may lead to paid, full-time positions, including Police Cadet, Community Service Officers, Volunteers, Interns, etc.
- Physical Fitness: Begin an ongoing physical fitness program. You will need to be in good physical condition to successfully compete for employment and complete a police academy. This should be made a part of your daily routine throughout your life.
- Moral character: Poor choices, particularly as an adult, may jeopardize a future law enforcement career. While perfection is not expected or required, drug use, theft, dishonesty and poor judgment end many careers before they get started.
- Balance: Above all, successful law enforcement applicants tend to be those who have balance in their lives. Maintaining that balance once you are hired and complete the academy and probation will be the key to your ongoing success in law enforcement. More information in this area may be learned by reading “Emotional Survival for Law Enforcement” by Kevin Gilmartin, Ph.D.
Yes. California State law, (California Government Code, sec. 1031) requires that peace officers be U.S. citizens or permanent resident aliens who are eligible for citizenship. The Oceanside Police Department requires an applicant to be a U.S. citizen or a permanent resident alien who has applied for U.S. citizenship before being hired as a police officer.
This classification is for experienced police officers who have graduated from a POST-certified basic academy, completed a probation period of full-time sworn police experience and be in possession of a California POST Basic Certificate at the time of filing the employment application.
Yes. We accept applications for lateral transfer on a continuous basis.
The requirements do include a California POST Basic Certificate, satisfactory completion of probation and either an AA/AS or 60 units. All out-of-state applicants will need to complete the California Peace Officer Standards and Training (POST) Re-qualification Course prior to testing as a lateral police officer applicant. Please refer to the POST Web page for more details on the re-qualification course at post.ca.gov.
The POST Basic Certificate is the first of several levels of professional peace officer certificates issued by the state. The POST Basic Certificate is required within 18 months of being appointed as a peace officer.
You can obtain a California Basic POST Certificate in two ways:
- Seek employment with an agency that sponsors recruits through a POST basic police academy.
- Sponsor yourself through one of the POST basic police academies that accepts independent recruits. Those who successfully complete this program are considered “Academy Graduates” for purposes of employment and test in the same manner as “Lateral Officers.”
These basic police academies are operated by several community colleges throughout the state, including Miramar College and Palomar College.
If you are a lateral applicant from out of state, or you were not hired within three years of completing the basic academy, you may take the POST re-qualification course that is three weeks in length.
Property Held for Safekeeping
- Property held solely for safekeeping may be held for a period of 60 days.
- If the owner is incarcerated, they must make arrangements to have the property picked up within the 60 day period, or must request in writing that the property be held up to an additional 10 months.
- Property remaining in police custody in excess of this time may be disposed.
Property Seized by a Search Warrant
- Property that is seized by the execution of a search warrant may only be released with a court order to release the property.
- If you have a question if the property was taken in a search warrant of your home, business or vehicle contact the Oceanside Police Department Investigations Unit at (760) 435-4580
- Request to speak with the Investigator by name, if you have it, or
- Provide the following information to identify the assigned Investigator:
- The address where the search warrant occurred
- The date and time when the search warrant was executed
- Your name and date of birth
- The Oceanside Police Department Case Number (It will have the format of the year followed by a six digit number 14-000000).
Property Taken as Evidence
- The investigating officer or the Courts must approve the release or return of all evidence taken for a case under investigation.
- Before you can recover property that was taken as evidence, certain processes must be completed by the Police Department and by the Courts. (Read "Why evidence is held" below.)
- When all legal processes have been completed. This evidence may only be released after a case disposition, i.e., dismissal, plea, trial, sentencing, and appeals.
- Contact the investigating officer or the Courts for release authorization.
- Make an appointment with the Property and Evidence Unit by calling (760) 435-4560
- Follow the release procedures listed in "Recover My Property" above.
- The Oceanside Police Department holds evidence items to prove or disprove facts related to incidents under investigation.
- Evidence items may be retained pending forensic analysis, i.e., the collection, review and analysis of fingerprints, DNA, serology, or photographs.
- Evidence items may be retained pending the expiration of the statute of limitation for the crime committed in the case.
- The statute of limitation will vary based on the seriousness of the crime.
- The statute of limitation may vary if the suspect flees and has a warrant for his/her arrest.
- Evidence items may be entered as evidence in a court case and will be held pending the conclusion of the case and any appeals.
- Evidence may be held to prove or disprove facts about:
- A crime
- A traffic collision
- A documented incident
- If an arrest has not been made and/or a suspect has not been identified, evidence items may be held up to one year or longer depending on the severity of the crime and the status of the case.
- Crime evidence may usually be released only:
- After the prosecution of the criminal case is completed (i.e.; by dismissal, plea, trial or after sentencing) and
- After the investigating officer provides the Property and Evidence Unit with a “case disposition”
- In more serious cases, such as homicide, rape, assault with a deadly weapon etc., evidence may never be released due to long term appeal processes in the courts and the potential for defense requests for additional analysis.
- In some instances, the prosecutor (Deputy District Attorney or City Prosecutor) may authorize the release of some types of evidence depending on the retention practices proof of evidence authorized by the court.
- When the case prosecution and all appeals are completed, the case investigator may receive a disposition form from the court.
- The investigator will direct that the property to be released to the rightful owner, or it will be destroyed if it cannot be released.
Property that is Found
- Contact the Evidence and Property Unit at (760) 435-4560
- To verify that the property was recovered
- To prove ownership to the satisfaction of the police department
- Found Property must be held for a period of 90 days.
- If the found property is not claimed by the owner or the finder within 90 days, the property will be auctioned, donated or disposed pursuant to police department policy and in accordance with Civil Code 2080.1 and 2080.3.
- If the found property is worth more than $250.00 and is not claimed within the 90 day period, the department must advertise the property in a newspaper of general circulation Civil Code 2080.3.
- The department must wait seven days following the date of first publication of the notice.
- The finder will be required to pay cost of publication before the title will vest in the person who found or saved the property.
- Contact the Evidence and Property Unit at (760) 435-4560
- If the property is not claimed by the owner or by the finder, the property is auctioned, donated or disposed by department policy and in accordance with California Civil Code 2080.1.
- The finder of property or cash that is not claimed within those 90 days by the rightful owner can apply to claim the items.
- Commonly found property that citizens seek to claim generally includes jewelry, bicycles, cash, clothing, etc.
- Found firearms and contraband cannot be claimed by the finder. These items will be destroyed or disposed as prescribed by law.
- If you have any other questions about claiming found property, you may call (760) 435-4560
Recover a Firearm
- Obtain the authorization for release of the firearm from the Oceanside Police Department investigating officer (detective) or from the Court.
- Complete a Law Enforcement Gun Release Application with the California Department of Justice to determine your eligibility to possess the firearm.
- Confirm that the DOJ ownership records for the firearm are in your name, and/or file a Firearm Ownership Record application with the department of Justice.
- Upon issuance of a DOJ firearm clearance letter, make an appointment with the Evidence and Property Unit by calling (760) 435-4560
- Present your clearance letter at the appointment with photo government identification.
- You must follow the Law Enforcement Gun Release (LEGR) Program required by the State of California Department of Justice (DOJ). There are no exceptions.
- Submission requirements and processing fees are available on the Law Enforcement Gun Release Application.
- To recover your firearm, you must complete a Law Enforcement Gun Release (LEGR) Application, and
- Send the application along with the appropriate processing fee to the Department of Justice.
- The processing fee for a Law Enforcement Gun Release Application is listed on the application. (See the DOJ website for the fee amounts. You must pay an amount for the first firearm (long gun or handgun), and a lesser amount for each additional firearm.)
- If your firearm was submitted into evidence at the court during a trial, you may have to recover the firearm from the court.
- If the court or the Oceanside Police Department determines that the firearm was reported stolen, the fee for the stolen firearms(s) will be waived.
- You must send documentation from the court or the Oceanside Police Department to DOJ confirming that the firearm was reported stolen along with the Law Enforcement Gun Release Application to qualify for the fee waiver. (See the DOJ website for the full details of this process.)
- When DOJ receives your Law Enforcement Gun Release Application, DOJ will conduct a firearms eligibility check to determine if you are lawfully eligible to possess firearms.
- Typical DOJ processing time for a Law Enforcement Gun Release Application is four to six weeks.
- You will receive a notice of the results. If this notice states that you are eligible to possess firearms, you may take the notice to the court or to the Oceanside Police Department to claim your firearm. The approval notice must be presented to the court or the Oceanside Police Department within thirty (30) days of the date of the notice. Failure to do so will result in the need to submit a new application and fees to undergo another firearms eligibility check.
- You may obtain a LEGR application and instructions from the DOJ website. See the following url links:
- oag.ca.gov/firearms
- oag.ca.gov/firearms/legrinfo
- oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/pdf/legr.pdf
- Firearms will be released only to the registered owner of the firearm with valid government identification.
- You must confirm that the DOJ ownership record of the firearm is in your name.
- The Oceanside Police Department or the court may not release a handgun to a person unless the handgun is recorded in DOJ records in the name of the person who seeks its return. (PC 12021.3(b)(2).
- The submission of the LEGR application for a handgun will not change the ownership records of the handgun.
- The name of the handgun owner can only be changed by a transfer transaction performed by a licensed firearms dealer.
- In unusual cases where a dealer transfer is not required, you change the ownership information by submitting a Firearm Ownership Record to the Department of Justice.
- Obtain a Firearm Ownership Record application at oag.ca.gov/firearms/forms
- An additional check will be made when you arrive at the Oceanside Police Department to claim the firearm. This final check is to ensure that there has not been a change to your record since the DOJ check.
Are there special circumstances for the release of weapons related to domestic violence or mental illness?
Yes, see the sections below for details.
- Firearms and other weapons confiscated and held pursuant to Penal Code 12028.5 related to domestic violence have special requirements for release.
- Penal Code 12028.5 states that no firearm or other deadly weapon shall be held less than forty-eight (48) hours.
- If the police department has reasonable cause to believe that the return of the firearm or weapon would likely endanger the victim or reporting party of the assault or threat, the police department may initiate a petition to the superior court within 60 days of the seizure to request that the firearm not be returned. See PC 12028.5 for more information.
- If the firearm is not retained as evidence related to criminal charges for the domestic violence incident or is not retained because it was illegally possessed the firearms may be returned to you subject to the requirements of the DOJ LEGR Program (PC 12021.3)
- Firearms and other weapons confiscated and held pursuant to your inability to care for your safety or the safety of others (mental health issues) have special requirements for release.
- If you are committed to a mental health facility, prior to, or concurrent with, your discharge, the facility will inform you that you are prohibited from owning, possessing, controlling, receiving, or purchasing any firearm for a period of five years.
- You may request a hearing from a court for an order permitting you to own, possess, control, receive, or purchase a firearm. (See Welfare and Institutions Codes 8102 and 8103 for more information.)
- If the police department believes that the release of the firearms confiscated from you pursuant to Welfare and Institutions Code 8102 may endanger you or others, it may make a report of the details surrounding the confiscation of these items and give it to the county prosecuting agency or City Attorney’s Office. The City Attorney must file a petition within 30 to 60 days of the incident, alleging that the return of these items would be likely to result in endangering you or others, or the items must be returned to you, if you are not prohibited from possessing firearms.
- If the prosecuting agency does file such a petition, you have a right to a hearing on the question of whether returning these firearms would in fact be likely to result in endangering you or others.
- A copy of the prosecuting agency’s petition will be mailed to you; if you wish to request a hearing you must notify the clerk of the Court within 30 days of the filing date of the prosecuting agency’s petition.
- The clerk will then set a date and time for the hearing and a notification will be mailed to you.
What happens to my firearms if I am no longer allowed to possess them according to the Department of Justice?
- Firearms held for safekeeping and not claimed within 180 days are eligible for disposal in accordance with 12021.3(g) California Penal Code.
- If the owner is prohibited from ownership and the firearm is not illegal, he/she may sell/transfer the firearm to a licensed firearms dealer.
Recover My Property
- Contact the Evidence and Property Unit at (760) 435-4560
- Provide your name, a case number, or other information to allow us to find the property
- Verify that the property may be released
- Determine if it is held as evidence in a case (if held as evidence, you will require release approval from the detective or the court)
- Bring government photo identification to the Evidence and Property Facility. Accepted identification includes:
- Driver license
- State identification card
- Military identification
- Passport
- Bring any documentation that may verify that you own the property (if ownership is at question). This may include:
- An Oceanside Police Department property receipt
- A court order
- An order for release by an investigator
- A verifiable sales receipt with serial numbers
- The police report number of the incident that documents your property
- A notarized letter authorizing the release of property to you by the owner, if they are unable to appear to recover the property personally
- A request letter to release property to an employee if on institutional letterhead with an official witness
- Other documentation that may show that you own the property in police custody
- Contact the Evidence and Property Unit at (760) 435-4560
- For security purposes, a limited number of police employees have access to the evidence and property held by the police department. These employees work during business hours Monday through Thursday.
- The process to recover property held by the Police Department will depend on the type of property you want to recover. The release of certain property is dictated by the laws of the State of California. Some of the different types of property are:
- Property that is Found
- Property Seized in a Search Warrant
- Property Held as Evidence
- Money
- Firearms and Other Weapons
- Property Held for Safekeeping
- Property Taken from Prisoner
- It is important to keep your address current with the California Department of Motor Vehicles. This is a primary means for the police department to locate and contact you when notice must be given to you about your property.
- Call to the Evidence and Property Unit to determine the status of your property.
Bring the following documents and information with you to your appointment:
- A certified copy of the decedent's death certificate (at least 40 days must have passed since the death).
- A certified copy of the estate rights (power of attorney, executor, etc.) and/or an affidavit or declaration which complies with Probate Code 13101.
Safekeeping and Prisoner Property Receipt
- A Safekeeping and Prisoner Property Receipt is proof of your possession or ownership of property if it is taken from you by an Oceanside Police Department police officer.
- Department members will usually issue you a Safekeeping and Prisoner Property Receipt that describes the items taken and the reason(s) why they were taken.
- The reverse side of the Safekeeping and Prisoner Property Receipt has instructions about how the seized property will be handled, released or destroyed if it is not claimed within the time periods defined by law.
- The Safekeeping and Prisoner Property Receipt is also used to accept found property from the finder pursuant to Civil Code 2080; the finder signs the form and declares, under penalty of perjury, that the owner of the found property is unknown to them.
- A Safekeeping and Prisoner Property Receipt is proof of your possession or ownership of property if it is taken from you by an Oceanside Police Department police officer.
Surrender a Firearm for Destruction
- You may surrender a firearm or weapon for destruction by calling for a police officer to respond to your residence or business in Oceanside.
- Call the police department Communications Unit at (760) 435-4900
- Tell the dispatcher that you would like to surrender a firearm for destruction.
- Officers will respond to your home or business to collect the firearm.
- You may surrender a firearm or weapon for destruction at the police station.
- Go to the police station lobby at 3855 Mission Ave.
- Tell the front desk officer that you would like to surrender a firearm for destruction at the lobby.
- You may surrender a firearm or weapon for destruction by calling for a police officer to respond to your residence or business in Oceanside.
Handguns
- California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.
- The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.
Shotguns and Rifles
- Non-concealable firearms (rifles and shotguns) are not generally covered within the provisions of California Penal Code section 12025 and therefore are not required to be transported in a locked container. However, as with any firearm, non-concealable firearms must be unloaded while they are being transported.
- A rifle or shotgun that is defined as an assault weapon pursuant to Penal Code 12276 or 12276.1 must be transported in accordance with Penal Code section 12026.1.
Registered Assault Weapons
- California Penal Code section 12285(c)(7) requires that registered assault weapons may be transported only between specified locations and must be unloaded and in a locked container when transported.
- The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.
- A person no longer wants to maintain the firearm due to changing personal circumstances in their home or business.
- The firearm belonged to a family member that has died.
- Other reasons.
- The police department does not sell firearms that are surrendered for destruction. These and other firearms are destroyed at least once each year.
- The police department in rare circumstances may appropriate a firearm for its use if it serves a specific law enforcement need and purpose. (For example, it matches the duty firearms used by the department, and it is of sufficient quality.)
- General safety tips prior to surrendering the weapon:
- If you know how to unload the firearm safely, remove all bullets from the firearm.
- Remove the magazines from semi-automatic handguns and rifles.
- Separate the magazines from the firearms.
- Place a flex tie or other obstruction to lock open the chamber on a revolver or the slide on a semi-automatic handgun.
- Maintain the weapon in a gun rug, box, or other container. (When transporting a handgun in a vehicle, observe State laws.)
- At the police station:
- Leave the firearm or weapon in your vehicle.
- Do not bring the firearm or weapon into the police station lobby when you first arrive. (This could alarm police personnel if they do not know your reason for entering the station with the firearm.)
- Request an officer to meet you as described above.
- Advise the officer about
- The condition of the firearm or weapon
- Whether you know or don't know if it is loaded
- Where it is located in the vehicle
- Follow the directions of the officer to retrieve the firearm or weapon from your vehicle.
- At a home or business:
- Do not bring the firearm to the door when the officer arrives.
- Leave the firearm in a safe place where the officer may retrieve it with you.
- Advise the officer about
- The condition of the firearm or weapon
- Whether you know or don't know if it is loaded
- Where it is located in your home
- General safety tips prior to surrendering the weapon:
- No. This would be a violation of police department policy and of the law.
- Police department policy does not allow officers to make this type of transaction in the course of their duty.
- California law strictly regulates the transfer of firearms between private parties in the State of California. (See these laws on the Attorney General's website.)
Unclaimed Property
- The police department sends unclaimed Property to an auction company or it is destroyed by department policy.
- The proceeds of items sold at auction are deposited into the City’s General Fund.
Zoom Reporting
If your incident is an emergency, call 9-1-1. If non-emergency call 760-435-4900.
No, If a crime took place outside of the City of Oceanside please call the police department for that city.
If this took place on SR78 or I-5, please call the Highway Patrol Office nearest you. chp.ca.gov